Perachi Selvi v. The Deputy Inspector General Of Prison

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA Perachi Selvi ... Petitioner vs.

1. The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2. The Superintendent of Prison, Central Jail, Tirunelveli.

3. The Superintendent of Police, O/o. The Superintendent of Police, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records passed by Respondent No.1 in No.345/Vu.Tha2//2025 dated 22.03.2025 and quash the same as bad in law and further direct the Respondent Nos.1 and 2 to grant ordinary leave for the period of 30 days to the petitioner's husband namely, Palanimurugan (CP No.4747) who is Page No.1 of 5

languishing in the Madurai Central Prison by considering petitioner's representation dated 21.02.2025.

For Petitioner : Dr.Lakshmi Prasanna Komara For Respondents: Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] This writ petition is filed challenging the rejection order dated 22.03.2025 passed by the 1st respondent rejecting the request of the petitioner seeking for ordinary leave for 30 days for her husband, to quash the same and consequently direct the respondents to grant ordinary leave for 30 days to the petitioner's husband namely, Palanimurugan (CP No.4747) who is languishing in the Madurai Central Prison, by considering the petitioner's representation dated 21.02.2025. 2.

When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that the request of the petitioner was not considered since the cooling period of one year between two spells was not over and thereby, the request was rejected Page No.2 of 5

by impugned order dated 22.03.2025. However, he would submit that now the cooling period of one year has got over. Therefore, the petitioner's representation may be directed to be considered afresh. 3.

Taking into consideration the reason in the representation of the petitioner that the leave is required to the convict prisoner for his children's educational purpose, the same representation dated 21.02.2025 shall be considered afresh by the 1st respondent and appropriate orders shall be passed within a period of one week from the date of receipt of a copy of this order.

4.

With the above direction, the Writ Petition stands disposed of. No costs.

[A.D.J.C., J.] [R.P., J.] 09.06.2025 Index : Yes / No bala Page No.3 of 5

To:

1. The Deputy Inspector General of Prison, O/o. the Deputy Inspector General of Prison and Correctional Services, Madurai Range, Madurai Central Prison Campus, New Jail Road, Madurai.

2. The Superintendent of Prison, Central Jail, Tirunelveli.

3. The Superintendent of Police, O/o. The Superintendent of Police, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

bala ORDER MADE IN DATED : 09.06.2025 Page No.5 of 5